literature Mainland China English version

Activating the Creditor-Driven Deterrence Mechanism in Ultra Vires Related-Party Guarantees

English abstract and article page analyzing related-party guarantees, creditor review duties, internal corporate approval, and the deterrence function of Company Law limits on guarantees.

Brief English Introduction

The article treats external guarantees as a governance problem, not merely a signature problem. It asks how creditor review can deter controllers and legal representatives from bypassing internal approval.

Use It For

Use it after the Gazette case or Jiu Min Minutes to move from rule application to policy analysis.

Teaching Notes

Ask students whether review duties should differ for banks, trade creditors, shareholders, and other counterparties.